===PAGE 1=== TOWN OF L UNENBURG Office of the Planning Board Matthew Allison, Chair Tel: (978) 582 -4147, ext 5 Tanner Cole, Vice Chair Fax: (978) 582 -4353 Paula Bertram, Clerk 960 Massachusetts Avenue Matthew Brenner, Member Lunenburg, MA 01462 Erik Torgerse n, Member Adam R. Burney Land Use Director Marjorie J. Boggio Administrative Assistant Minutes October 26, 2020 Meeting Posted: Yes Time: 6:30 PM Roll Call conducted by Adam Burney, Land Use Director: Matthew Allison, present; Paula Bertram, present; Matthew Brenner, present; Erik Torgersen, present. Absent: Tanner Cole A. Bu rney prefaced the meeting with the following reading . In accordance with the requirements of the Open Meeting Law, please be advised that this m eeting is b eing recorded and broadcast over the LunenburgAccess channel. The meeting of the Planning Board is being conduc ted remotely. The Town of Lunenburg, in response to the COVID -19 (Corona Virus), is currently following the guidance from the Lunenburg Board o f Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread . A ll town facilities are currently closed to the public with the exception of 10:00 a.m. to 2:00 p.m.; Monday through Thursday. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G.L.c.30A, Section 20, all public meetings are being conducted remotely. The Governor’ s Order, which you can find posted on the Town’s website COVID-19 Information Center page, accessed through the Town Manager’s webpage allows public bodies to meet entirely remotely so long as reasonable public access is afforded so that the public can follow along with the deliberations of the meeting. Ensuring public access does not ensure public participation unless such participation is required by law. This meeting of the Planning Board will feature public comment. For this meeting the Planning Board is convening by video conferencing via Zoom as posted on the Town’s website identifying how the public may join. Using a smart phone, tablet or computer , go to zoom.us and enter the meeting ID number or call 888 -475-4499. The meeting ID for this meeting is 84003613088. P lease note that this meeting is being recor ded and that some attendees are participating by video conference. Accordingly please be aware that other folks may be able to see you and take care not to screen share your computer. Anything that you broadcast may be captured by the recording. A. Burney then covered the ground rules for effective business and to ensure accurate meeting minutes. APPOINTMENTS: 233 Lancaster Avenue, Potential Common Drive- Presentation given by Joe White, property owner. When he purchased the property he thought he had frontage of 128 feet. He stated there was an abutting driveway that cut into his lot leaving him only ~50 feet of frontage to try and create a common driveway. Catch basins had been installed and a gravel driveway has been roughed in. He presented a topographical plan showing the proposed two lots and the placement of a common driveway, which would break off into two driveways. The rear lot (Lot 2) would contain ~3.4 acres; the front lot (Lot 1), ~5.19. He would build a house on the front lot. He also would create turnarounds in the portion of the common driveway located in Lot 1. He was looking for Board feedback before moving forward with an ANR Plan. M. Allison responded that under the zoning bylaw, with the 128 feet of frontage, J. White coul d create two reduced frontage lots. A. Burney brought to the attention of the Board that the driveway was installed after the 12% grade was adopted by the Town. He made reference that the driveway was the subject of litigation with the Town and as an outcome of litigation, the Town had to allow the driveway. When the previous property owner, ===PAGE 2=== Minutes 10.26.2020 Page 2 went to construct the driveway, the 12% grade had been adopted ; the driveway was constructed at 13% grade. J. White was having Whitman & Bingham Associates recalculate the grade. M. Brenner commented that the proposed driveway would not be located equally on both lots, as required by the bylaw. P. Bertram commented that the proposed Lot 2 did not have frontage on a public way. J. White was concerned that in attempting to comply with the bylaw, his neighbor would be adversely affected as the neighbor’s driveway encroached on J. White’s frontage. He also noted that the catch basins had been installed as noted o n the 2006 Driveway Design Plan. If the driveway was reconfigured, it could create potential runoff problems. J. White asked the Board what his next steps would be if it was determined by Whitman & Bingham Associates that the grade was 12%. M. Allison responded an engineered ANR plan and a proposed common driveway. P. Bertram had concerns with the installed catch basins being done in accordance with stormwater requirements. ANR Plan, 361 Massachusetts Avenue- Plan presented by Sean O’Neill, Applicant. Bot Lot 1 and Parcel C would be retained by the current owner, 351 Mass Ave LLC. Parcel C would be an unbuildable lot. P. Bertram made Motion to approve the ANR Plan as submitted for 361 Massachusetts Avenue, M. Brenner Seconded, Roll Call Vote - M. Brenner, aye; E. Torgersen, aye; P. Bertram, aye; M. Allison, aye. Vote passed 4-0. PUBLIC HEARINGS: 361 Massachusetts Avenue, BrightFarms- see separate minutes. Rules and Regulations Governing the Subdivision of Land, Section 325 -3.2.- see separate minutes. M. Brenner made Motion to amend the Rules and Regulations Governing the Subdivision of Land as proposed, P. Bertram Seconded, Roll Call Vote- P. Bertram, aye; M. Brenner, aye; E. Torgersen, aye; M. Allison, aye. Vote passed 4 -0. BOARD REPRESENTATION: TCP Building Committe e- P. Bertram made Motion to appoint Matthew Allison to the TCP Building Design Committee, M. Brenner Seconded, Roll Call Vote - P. Bertram, aye; M. Brenner, aye; E. Torgersen, aye; M. Allison, aye. Vote passed 4-0. Capital Planning Committee - M. Brenner made Motion to appoint Paula Bertram to the Capital Planning Committee, E. Torgersen Seconded, Roll Call Vote - P. Bertram, aye; M. Brenner, aye; E. Torgersen, aye; M. Allison, aye. Vote passed 4-0. SPECIAL TOWN MEETING: Stormwater Bylaw Warrant Art icle- The question arose at the last Board meeting whether to present the amended Stormwater Bylaw at Special Town Meeting on November 17 th or wait until May Annual Town Meeting. At the last Planning Board meeting, T. Cole noted he had talked to DEP, whic h advised him that the Stormwater Bylaw should not be approved at fall special town meeting as changes to the Stormwater Handbook would be out in 2021. Based on that conversation, A. Burney contacted DEP, which advised waiting until annual town meeting in May. A. Burney then attended the Central Mass Stormwater Coalition training on stormwater bylaw, which advised that if the bylaw was ready to go, it should be voted. He also attended a DEP meeting of the working group on the Stormwater Handbook. The gr oup projected that it would be spring before the Handbook would be ready for public comment; the Handbook could then change based on public comment. A. Burney noted there was nothing in the Bylaw that would impede the Town from complying with the Handbook . He recommended to the Board that it move forward for presentation at special town meeting. The Bylaw stated compliance with the Stormwater Handbook. It was P. Bertram’s opinion that as the Bylaw stated that compliance, there was no rush to get it to special town meeting. Due to probable low attendance at special town meeting, she wanted to wait until spring annual town meeting. A. Burney responded that the Board had been working on the Bylaw for approximately a year; it altered the Bylaw to meet mandatory requirements imposed by the Phase II Permit. If it went to special town meeting, and didn’t pass, the Board would have until spring to make changes. The Town would be out of compliance at the end of June 2021 if the Bylaw didn’t pas s at annual town meeting. This Bylaw was not the Town or the Board imposing new regulations; this was to comply with DEP. A. Burney reminded the Planning Board that zoning warrant articles are typically placed at the end of the town meeting, by which time attendees are usually tired and want to finish up. It would not be an advantageous time to present a stormwater bylaw. Board discussion to continue at the next meeting. ===PAGE 3=== Minutes 10.26.2020 Page 3 ECONOMIC DEVELOPMENT COMMITTEE: Reassess Membership - The Conservati on Commission requested the Board remove the requirement for a Commission member from the Committee composition. The Agricultural Commission located interested individuals, but those individuals were not business owners within Town; currently required und er the Charge. There was discussion about revising the Committee’s composition. Suggestions were to remove the requirement for a business owner as the Agricultural member, and also to change the member to a designee of the Agricultural Commission. It wa s also suggested to change the Open Space Committee member requirement to a designee. As the Conservation Commission did not care to participate, the at-large membership could go from two to three. A. Burney would revise the Charge for Board review and vote at its next meeting. MINUTES APPROVAL: 9/28/2020 – P. Bertram made Motion to approve, M. Brenner Seconded, Roll Call Vote - P. Bertram, aye; M. Brenner, aye; E. Torgersen, aye; M. Allison, aye. Vote passed 4-0. 9/28/2020, BrightFarms, 361 Massachu setts Avenue - P. Bertram made Motion to approve, M. Brenner Seconded, Roll Call Vote- P. Bertram, aye; M. Brenner, aye; E. Torgersen, aye; M. Allison, aye. Vote passed 4 -0. COMMITTEE REPORTS: Storm Water Task Force- no report Agricultural Commission- no report TCP Building Design Committee- no report Open Space Ad Hoc Committee- Currently meeting monthly. The Committee was working with Town Counsel regarding Town access to Table Rock Conservation Area off Old Stagecoach Road. An abutter(s) had p laced a No Trespassing sign in the right - of-way. It needed to be determined whether the Town owned the entire road, or only half. Regardless, Town Counsel stated citizens still had the right to pass/repass; the sign was removed by the abutter. The Conse rvation Commission considered the possibility of a gate on Old Stagecoach Road just past the Hirsch driveway (916 Northfield Road) to stop ATV use. Marshall Park upgrading was discussed. A funding article for a park grant, which would allow the Town to be reimbursed up to 64%, could be pursued at annual town meeting. The grant had a $100,000 cap unless the area was accessible via public transportation and/or had parking for 100 cars. Could 100 cars be accommodated between the Park and on Chestnut Stre et? The Committee continued to work with the prospective buyers of 250 Howard Street. There were two articles on the special town meeting warrant regarding 250 Howard Street; one for the Town to exercise its right of first refusal and another for acquisition of a portion of the property. 360 Flat Hill Road was being withdrawn from Chapter. The property met the Open Space Criteria, but the Committee felt it would be better if the farmer could retain and operate the land; therefore, the Committee was in the process of exploring other options. The Committee reached out to both the property owner and a trust that could possibly be able to preserve the open space portion of the land as well as continued agricultural use by the farmer. Based on the statuto ry timeline, the Committee asked that no decision be made on the right of first refusal while this option was pursued. MRPC– Received a grant from the Attorney General’s office to allow for the distribution of small ($1,000) business assistance program grants. Applications accepted through December 31, 2020. MJTC– no report Capital Planning Committee– no report DIRECTOR’S ITEMS: 360 Flat Hill Road, Right of First Refusal - M. Allison recused himself from the discussion as his family’s farm was locate d across the road from the subject address. P. Bertram, as Acting Chair, pointed out the Open Space Committee’s recommendation noted above. Based on that information, E. Torgersen made Motion that the Select Board hold off on taking action at this time, M. Brenner Seconded, Roll Call Vote - M. Brenner, aye; E. Torgersen, aye; P. Bertram, aye. Vote passed 3-0. Master Planning- Work continuing with the Donahue Institute on the Population Projection. ===PAGE 4=== Minutes 10.26.2020 Page 4 MEETING SCHEDULE: November 9- BrightFarms Hearing Continuation View special town meeting bylaw presentation November 17, STM, 7:00 PM, MSHS- Board meeting will be posted for 6:35 PM in the event any warrant items need discussion November 23- Workshop ADJOURNMENT: P. Bertram made Motion to adjourn, M. Brenner Seconded, Roll Call Vote- P. Bertram, aye; M. Brenner, aye; E. Torgersen, aye; M. Allison, aye. Vote passed 4-0. Adjourned 10:07 PM Documents used at meeting: 233 Lancaster Avenue, Proposed Driveway documents Stormwater Bylaw Minutes: 09.28.2020 09.28.2020, BrightFarms, 361 Massachusetts Avenue 360 Flat Hill Road, Notice of Intent To Sell